Rule 11 Sanctions
Mylett v. Jeane, 910 F.2d 296 (5th Cir. 1990). (Frivolous Litigation; Sua Sponte Sanctions) Pursuing a case without depositions after being denied a preliminary injunction is not “frivolous” for the purposes of sanctions or award of attorney’s fees as long as the litigant seeks to produce some additional evidence at trial. A judge cannot issue Rule 11 sanctions sua sponte against an attorney that brings allegations of misconduct by opposing counsel without first determining the veracity of the allegations.
Mylett v. Jeane, 879 F 2d 1272 (5th Cir. 1989). (Assignment of Magistrate; Rule 11 Sanctions)
A party that consents to trial before a full time magistrate, but is then referred to a part time magistrate must timely object (before the pre-trial conference) or any objection is considered waived. When Rule 11 sanctions are issued against the attorney only, the notice of appeal must include the attorney’s name or the appellate court will lack jurisdiction over the issue on appeal.
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